Religious enquiries

The Religious Enquiries Section (RES) of the
Islamic Centre of England, comprises of a highly
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stipulated by the questioner- according to the Fatwas of
the Grand Ayatullah Imam Ali Khamenei, the Leader of the
Islamic Republic of Iran.
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Taqlid - The Following of an Islamic authority

The issue of following an expert in Islamic
jurisprudence and the Shari’ah Law is a practical matter
that is based on commonsense. However many assume that
this matter is debatable and therefore the subject needs
to be addressed and all the questions and doubts
revolving around its validity, answered. In the
following few paragraphs our aim is to clarify the
practice, explain some of the misconceptions and answer
questions regarding this rational and well-established
institution.
Taqlid literally means imitation or emulation. However
in view of the subject we are discussing it should not
be interpreted as meaning blind following, but to follow
the verdict of an expert in the Shari’ah Law in order to
have access to the practical rulings (Furu ’ul-din)
regarding a matter of contemporary life. It is of
extreme importance to clarify the philosophy behind this
institution, its historical roots and the requirement
for it in our today’s world.
Islam is a thorough and an all-inclusive religion, which
was revealed to the Prophet of Islam, Muhammad (saws),
fourteen hundred years ago. The religion comprises of
the basis of the faith, i.e. the Islamic ideology
regarding the worldview, the Divine image and how one
should perceive Him, Divine justice, the concept of
prophethood, the spiritual and socio-political
leadership (Imamah) and finally the Resurrection.
Every individual is obliged to seek knowledge and to
conclude certainty and absolute faith regarding these
subjects. No one is allowed to imitate or follow any
individual –regardless of their profound knowledge- in
these topics. The Qur’an has considered the blind
imitation of others in matters of ideology as
reprehensible and unacceptable. Imitation in grasping
other fundamental concepts is also classified under the
same category.
However, there remains an entire system of issues
related to everyday life and the practical rulings
concerning them, such as the rulings related to ritual
purity, prayers, fasting and so on as well as rulings
related to the social, economic and political spheres of
society. All the laws regarding these subjects are
explained within the Islamic Shari’ah Law and are
regulated within the framework of Islamic moral values.
The details of the Islamic rulings are found in the
Islamic sources especially the sacred texts i.e. the
Holy Qur’an and the Sunnah, the ahadith of the Holy
Prophet (saws) and the Infallibles (as) as well as
through consensus and intellect. Despite the fact that
Islam orders its followers to learn the religious
teachings, guidance and precepts, it is obvious that to
obtain all the religious rulings from the Qur’an and the
Sunnah is not easy. Such a task is not possible for each
and every individual but is rather accomplishable by a
limited number of individuals. To reach the level
whereby a person becomes a qualified expert (Ayatollah)
able to deduce the Islamic rulings from the
above-mentioned sources takes years of study and
dedication.
The requirements of an individual in society are
numerous and the common man would most likely not be
able to enumerate them all let alone specialise in each
and every one. However since man performs the majority
of his tasks by means of thought and will power, he
should have sufficient information when it comes to
decision-making. A person would be unable to make a
decision if he had insufficient information and no means
of accessing the Islamic sources of legislation.
Therefore a person must either be fully qualified
themselves in being able to deduce the religious laws or
they must ask someone who is fully qualified and who
perform his duties according to the guidance of the
Shari’ah Law. For instance, we instinctively consult a
doctor for the treatment of our ailments, employ a civil
engineer for the plan of a building, seek the help of a
plumber to fix a drainage problem, hire a carpenter to
make doors and windows or follow a tour guide when on
holiday and visiting tourist attractions! In short we
ask and seek help from an expert in any required field.
It is natural to conclude that we constantly spend our
lives seeking help and guidance from others –who are
specialists in their field- even for insignificant
matters.
Whoever says: "I do not follow another person in my
life", either does not understand the meaning of his
words or is affected by a delusion. Islam, which has
based its religious laws on commonsense, adopts the
principle that has been discussed above.
This religious order – to follow an expert - naturally
takes the form that a group of Muslims, who are not able
to acquire the Islamic teachings and precepts through
reasoning, should therefore refer to those who have
deduced the Islamic rulings through proof and expert
reasoning.
However there are many questions about this institution
that may face the critical mind. We will now attempt to
answer those questions and clarify the matter further:Question 1: Imitation is not an Islamically recommended
requisite. The Qur’an has characterised those who follow
others blindly as non-rational human beings therefore
how could the Shi’ah Muslims adopt this institution?
The distinction needs to be made and clarified that the
Shi’ah do not encourage imitation in the ideological
aspects of Islam, as it has been clearly rejected in
their teachings. However they accept it in the practical
rulings of the Shari’ah Law, which are inaccessible to
the layman.
In addition no one should follow a qualified Mujtahid
blindly, rather wisely and combined with sufficient
knowledge and wisdom, as Islam encourages its followers
to learn from others and to be knowledgeable.
The Qur’an rejects the first kind of imitation but does
not make any negative referrals to the second kind. In
the narrations there are many examples of the Imams (as)
encouraging people to practice it and to follow
assiduously the guidance of their qualified companions.
Question 2: This institution cannot be approved by
reason or through the intellect. The Holy Imams have not
approved it in any narration and therefore it should be
rejected.
According to the abovementioned analysis, it is evident
that the intellect does approve of such a solution. The
decision to follow a specialist in different fields of
life is a widely accepted practice that is founded upon
common sense. There is a tradition narrated from Imam
Al-Mahdi (as) who said that the Shi’ah Muslims should
follow the pious and righteous jurisprudents. This
narration is narrated in the book ‘Wasa’il As-Shi’ah’ by
the Late Shaikh Al-Hur Al-‘Ameli. (See Wasa’il, vol. 27,
pp.140, Chapter 11 of the chapters related to the
qualities of a judge, Hadeeth 9) Question 3: The Sunni Muslims follow an imam from one of
their four jurisprudential schools, namely Abu Hanifah,
As-Shafi’ie, Ibn Hanbal or Malik. The Shi’ah believe in
the need to follow a living Imam and so a contemporary
Shi’ah should follow Imam Al-Mahdi (as), as he is the
only living Imam of our present time.
This is another misleading proposal. The Shi’ah believe
that Al-Mahdi (as) is in Occultation, and that no one
has access to or communication with him (as). How is it
then possible to receive direct guidance from him? Imam
Al-Mahdi (as) declared before the Major Occultation,
that anyone who claims to see him during this time
(major occultation) is a slanderous liar, so therefore
no one can claim to have constant contact with him.Question 4: Religion and religious knowledge are
widespread and such information is easily accessible to
everyone. Therefore one has no need for the guidance of
an expert so long as the individual can read Arabic and
understand the legal statements without difficulty.
This is another simplistic argument that equates the
specialised knowledge attained by a Mujtahid or
Ayatullah with commonsensical knowledge. Ijtihad is not
an easily obtainable skill like driving a car or working
in a shop, a qualified Mujtahid must undergo at least 8
years of full-time study regarding the various sciences
in order to reach this level. It is impossible for each
and every Muslim individual to become a qualified
Mujtahid. In addition to the length of study needed, the
language of these texts is complicated and written in an
old fashioned style. With the evolution of words and
their meanings it is extremely difficult to deduce the
correct intention of a said text. Such a task requires
an individual who is qualified and conversant with the
knowledge required to be able to grasp the accurate
meanings of the legal texts. Question 5: The best way to achieve certainty and to be
sure about a matter when it is not possible for a person
to deduce the ruling from the sacred texts, is to seek
precaution and be precautious (Muhtat). This means that
if one hesitates over the permissibility of an act, one
should then avoid it through exercising precaution.
This is a utopian solution and it is not a feasible
alternative. It is impossible due to two reasons: First:
When a person is faced with two choices and it is
impossible to avoid both, such as when the case is
either prohibited or obligatory. In this case and
similar cases one cannot follow the principle of
precaution. Second: If the principle of precaution were
adhered to literally, life would be absolutely
unbearable and impossible.Question 6: The Shi’ah scholars are not infallible like
the Shi’ah Imams. Why then should one follow them
blindly and why can we not criticise them?
The fact that they are fallible should not overrule the
fact that they are followed as specialists and experts
in their field. No one claims that they are beyond
criticism and everyone has the right to criticise them.
They are human beings and should be followed having
reached the decision to do so wisely. Question 7: Imitation in the field of religious
practical rulings is an invented institution, which did
not exist two hundred years ago. The late Sayyed Yazdi
wrote ‘Al-‘Arwat ul-Wouthqah’ as the first work for his
followers to emulate in the early years of the last
century and this took place under the English occupants’
supervision. Thus one is left with the choice to believe
that either the old generations of Shi’ah Muslims were
correct and that this invented institution reflects that
the Shi’ah of the contemporary time are astray, or that
they are right and their ancestors were all wrong. We
must insist that the Shi’ah from the old generations are
righteous and therefore conclude that this institution
is not Islamic and should therefore be rejected.
A person who makes such a statement obviously knows
little about the history of Shi’ism. This institution
has no connection to the English occupants’
intervention, or their interferences in the affairs of
Muslim countries. It was established and based on a
statement by the Twelfth Imam, Imam Al-Mahdi (as), when
he asked the Shi’ah to follow the most pious and
righteous jurisprudents. Historical records confirm that
bibliographically Shaikh Tousi, who lived briefly after
the Minor Occultation, wrote his first book ‘Risalah’
for his followers to emulate. His famous book
‘Al-Nihayyah’ was dedicated for this purpose and it is
still known amongst bibliographic specialists that this
book does not contain any argument for his
jurisprudential opinionsQuestion 8: This institution is adopted from the Sunni
practice of ‘Al-Qiyyas’ analogy, and as the Shi’ah Imams
condemned this, it should be disapproved of. In many
Shi’ah narrations the Imams have also condemned ‘Ijtihad’,
therefore the Shi’ah should not accept it if it reflects
a deviation from the pure teachings of the Shi’ah Imams.
This doubt is based on misleading premises which
necessitates answering each point separately:
‘Taqlid’ is not derived from the Sunni principle of ‘Qiyyas’,
as this is one of the sources of the Ijtihadi process
according to the Sunni school of Jurisprudence.
The Shi’ah narrations are related to the incorrect and
misleading approach of the Sunni jurisprudents at that
time. They had adopted the principles of ‘Qiyyas’ and
were interpreting the narrations in a way that was
detached from the real aim and intentions of the
Shari’ah Law. Question 9: The Shari’ah Law was established fourteen
hundred years ago. During this time modern science and
Western civilisation have contributed greatly towards
resolving many unclear and complicated issues. Muslim
scholars on the other hand appear old fashioned and out
of date with their opinions and conclusions. They have
not advanced and embraced modern science and therefore
without the enlightening of their minds and purification
of their hearts from the love of power, one cannot
follow their verdicts diligently.
This doubt is compound and is based on many misleading
premises. These premises are that:
Western civilisation and modern science have reached the
level of perfection that can replace Divine revelation
and religious knowledge!
This is an incorrect statement and an inaccurate claim.
Scientists and Westerners themselves have not claimed to
achieve perfection. This is evident when one takes into
consideration the huge social problems and moral
dilemmas people are faced with in society. This fact
alone confirms that this claim is completely refutable.
Islam does not relate to the contemporary world as it
was revealed fourteen hundred years ago.
This is a claim that is based in a naïve argument, which
lacks any form of reasonable argumentation or rational
reasoning. If one does not accept the religion and its
ability to resolve contemporary problems, then one does
not need to discuss the need for the Qur’an among other
sacred texts. Human beings have followed their own ways
and choices in life but they have failed to find real
happiness or save themselves from a miserable life and
moral anxiety. Why then should one not implement the
all-inclusive religion, which has not yet been
implemented or put into practice since the Prophet’s
(saws) demise? One should at least be prepared to try
everything once and to afford it a chance. However it
cannot be denied that modern technology and the
achievements of modern science can be combined and
should be used in a way that will benefit humanity in
the future.
Muslim scholars possess a great amount of power and
their knowledge and information is out of date.
This statement is based on an incorrect claim. There are
many scholars who have studied and equipped themselves
with modern knowledge based on the natural sciences and
modern technology alongside their own specialist fields.
Regarding the claim that the scholars are obsessed with
power and in some way corrupt, it does not need any
further discussion, as it is detached from reality and
lacks any credible proof.